Update to AIBU to refuse Aunt's fwb claim on her estate.

[Sleepneededprettyplease]

Posting here because it is where I put the first thread.

A brief summery is that my Aunt died and her FWB is trying to say that he is entitled to part of her estate because she had asked me to allow him to stay in a house she had invested in for me. Anyway if you want the full story feel free to read what I put on the first thread.

Anyway the main thing is that he is now sueing in the courts. I need a bit of a hand hold please. My lawyers have suggested getting a barristers opinion so I am just waiting for that. I wouldn't even mind if it was possible to just go to mediation but he wants the house for the rest of his life and won't consider anything else.

www.mumsnet.com/talk/am_i_being_unreasonable/5505433-aibu-to-refuse-aunts-fwb-claim-on-her-estate?utm_campaign=thread&utm_medium=share

He seems to be utterly convinced that he is in the right. The estate total isn't huge not even close to a million.

I will try for this. I am talking to solicitors again today.

But the house isn’t part of the aunt’s estate

No. It isn't. Only for tax purposes.

Good luck OP. Even if you win, which seems likely, it's still awful. Experiencing a bereavement and then having to navigate this ordeal can't be easy.

It sounds like your aunt was a kind and generous person and he took advantage of her good nature

Best of luck with it OP. I am so sorry you are having so much stress. 💐

By definition anyone pursuing a court case believes they are right. In theory, there is an ethical onus on legal professionals not to accept hopeless cases.

However, luckily for legal professionals, no one cares. You can always find ways of saying that a case has some merits.

Oh @Sleepneededprettyplease I don’t have more advice than you’ve already received but I just want to say how sorry I am and offer an unMNy hug. I imagine that all of this has really affected your ability to grieve for your aunt in a healthy way (boiling with so much fury at the CF, which makes you unable to grieve properly without it feeling like the whole thing has been tainted by this horrible man). I think my “handhold” is to tell you that this will pass - it’s horrific and stressful at the moment, I know, but there will be a day when these legal things are over (I hope very soon if you can get his claim rejected!!!), this will fade (with time, of course), and you will be left with positive memories of your aunt and the inheritance that she wanted you to have ♥️

Good luck, OP! Fight like a woman! 💪

I think the fwb guy is deluded, possibly also thinks that because he's a man and you're a woman he will be the winner.
Hold your nerve OP don't get drawn into any nonsense with him!

Sorry if this was mentioned op but how long do you have to wait for a court date?
Rooting for you!

I have no idea atm. I have been warned if it goes into a long thing it could be 18 months plus but I really hope not.

Agreed. I'd hang tough, he's trying the old method of hoping to spook you with court action. Someone in my family pulled this in an argument about a cat. Wish I was joking, and no it was not because he loved the cat - just sheer pettiness after a family bereavement. Ppl pull this crap quite a bit, hoping for a panic reaction.

A solicitor will tell him his chances are shit given he's only an FWB, and he'll probably get spooked himself at the prospect of having to pay up your court costs.

Who is currently paying the council tax? Whose name/s is/are on the bill? Critically, in whose name is the property at the Land Registry?

Maybe it changed but it didn't apply to elderly lady I knew(she is dead now.)

She lived in a house owned by her child who lived overseas. She paid no rent but did pay bills. Her child got divorced, as part of the divorce the wife wanted half the house. She got a solicitor then a barrister and she was allowed to live in the house for the rest of her life, her Dil got nothing from the house as I think it was deemed to have no value as she could have lived another 40 years.

Maybe the mother son relationship changed it or him not objecting but she never paid rent and lived there for years.

It is your Aunt's estate that he is suing, not you.

The property does not form part of her estate.

Can you explain why your solicitors think he may have any claim on a property not belonging to the estate?

FWB pays the bills and they are in his name. The op is the registered owner of the house.
Eta FWB pays the council tax.

It's not a case of who'll blink first and seeing him in court, sadly. Don't take advice from anyone who isn't well-informed as to the law here.

If it ends up in court, you could end up losing the house unless you are awarded costs. It's hugely unfair, but you can win a case and still end up out of pocket. I'd wait for the barrister's opinion. This man's case is clearly weak, but as your solicitor isn't dismissing it, then the outcome is not certain, especially as far as costs go.

I'm sorry you're in this position, OP.

50 years of working in the legal profession I can say the FWB must have more money than sense. Unless he’s named as a beneficiary in a Will he’s on a very expensive and likely fruitless exercise. To obtain a Barrister’s Opinion is not necessarily a huge expense and may be worth it for peace of mind. However taking the matter to Court - tell him he can jog on!

This is what I don’t understand. Op has said it forms part of the estate for tax purposes (assume inheritance tax and the aunt died soonish after buying it in op’s name) but isn’t part of the estate in the will. It was in op’s name.

They are clear that he doesn't. Technically he is sueing for money from the estate but he is actually only interested in being allowed to live in the house. He keeps calling me / sending letters/ telling solicitors he will go away if we give him the house. He says he will take everything in court if we don't.

Honestly it is mad and a shocker that someone can basically invent such a nonsense and take it to court. I really hope it gets thrown out OP!

”John, the property belongs to me. I allowed you to live there rent-free as Auntie Janet’s Fuck Buddy as a favour to her. Sadly, she has passed on, which means that I am no longer prepared to have you living in the home as the Resident Fuck Buddy—your services are no longer required; nor am I prepared to sign my property over to you, you silly little sausage.”
*on solicitor’s letterhead

Just a small thing, but you can contact the land registry to notify you - at your address (not the address of the property under dispute) if anyone should attempt to re-register the property. If he is this unhinged, don’t put anything past him.

Well you can't just give him the house - that's ridiculous!

He's got no chance contesting the will in any shape or form - but obviously legal fees are a v real concern. It honestly sounds like a nightmare for you OP.

Your best hope sounds to be getting it thrown out at the first stage.

There was a storyline like this in Fisk on Netflix actually - but that's set in Melbourne. Is a comedy though, so not reliable for legal advice!

This was the plot of an episode of Fisk.

Isn’t the house in your name? Have you kicked him out? Unless he has something in writing from you, I don’t see what cause of action he has, are there squatter’s rights or something?

You say you have lawyers, ask them to do a motion for summary judgment (whatever your equivalent is). I would guess that any legal fees you incur would be worth it, assuming the house is worth more. Ask for attorney fees. I agree with those who say don’t settle, but it’s up to you. You’ll probably still have legal fees. And check your home insurance again - hard to believe they don’t defend you against lawsuits against the house.